Question Am I obligated to this attorney?

[maffy]

I am currently considering BR and as you all know it's a very stressful decision. I think I made a huge mistake!

I met with an attorney about 7 days ago. I was very disoriented when I went into his office. This was the first time I ever spoke to anyone about my situation.

I filled out a questionaire form and then met with him briefly. He pushed me through everything very fast - told me that I qualified for Chap 7. Then put some papers in front of me and asked me to sign and a check list of items that they would need. I told him I wasn't sure what I was going to do. He said just sign them, but it didn't obligate me. I didn't pay any money.

I'm pretty sure the were the contract. Am I now obligated? I will call the office tomorrow, but can anyone suggest what I should do if they say I am obligated.

[dasmom]

I believe each state has a "cooling off" period during which you can cancel a contract. I'm not sure what it is in Arizona. Did you get a copy of the documents you signed?

[indebtbad]

I have met with 3 attorneys and I believe what you signed is just part of the new law. You have to sign it for them to even talk to you. I think you are fine, I worried about it too but read it thoroughly and it was the same all places..

[maffy]

I have a copy here that I think is what I signed. (no copy of the originals). Should my next step to be to take a letter to the office to end any agreement?

[maffy]

This document starts: PARTIES: Client hereby retains Attorny to advise client exclusively regarding bankruptcy matters under the bankrupcy code.... this is what scares me!

[dasmom]

You haven't paid the attorney any money so you don't have to worry about getting a refund. You may just want to call to verify that you are not their client and that you are not pursuing a bankruptcy through their firm. Best wishes!

[maffy]

You haven't paid the attorney any money so you don't have to worry about getting a refund. You may just want to call to verify that you are not their client and that you are not pursuing a bankruptcy through their firm. Best wishes!

Thanks dasmon - I am currently drafting a letter too and will take it by their office tommorrow. Guess I'll find out then for sure, but if they're a reputable attorney they won't give me any problems.

Thanks to you all for the replies - it's helps put my mind at ease, at least a little!

[despritfreya]

I know exactly what you signed. Under BAPCPA the attorney is required to supply you will a complete fee agreement. The fact that he had you sign it (as do I with any potential client) does not obligate you to hire the attny. The concern you have raised is why Congress was full of #*%$ when it stupidly passed BAPCPA (but hey. . ." it's a perfect law"). My form tells the potential client that what they are signing in no way obligates them to utilize my services.

Of more concern is OP's indication that "I filled out a questionaire form and then met with him briefly. He pushed me through everything very fast - told me that I qualified for Chap 7." I suspect OP went to one of those mill type firms. OP, shop around. You should NEVER feel rushed and you should be meeting with the attorney for something more than “briefly”

Des.

[maffy]

I have spoken to two attonerys since this guy. The last one was a refered by my accountant and I really like him. He is patient and isn't pushing me at all.

But I am VERY concerned about this contract I've posted about. There is no where within that states "signing does not obligate..."

One thing though - I didn't supply them with a social security number, so they couldn't have even pulled a credit report... isn't that where they usually start?

[despritfreya]

But I am VERY concerned about this contract I've posted about. There is no where within that states "signing does not obligate..." One thing though - I didn't supply them with a social security number, so they couldn't have even pulled a credit report... isn't that where they usually start?

1. Each attny uses a different fee agreement designed by the attny for his/her particular needs. Mine just happens to say you are not obligated due to my personal concerns over what Congress says I must do. I also have some personal digs directed at the idiots in Washington in the "required disclosures". Makes for fun reading.

2. I personally do not look at someone's credit report since a CR is only as good as the person who inputted the info. Half the time it's inaccurate and the other half of the time it's outdated. While some attorneys will run the report and to do so the SS# is needed, I don't.

Again, you are not obligated to use the attny. Go to whom ever you feel most comfortable with.

Des.

[Protected]

Don't worry. You most likely signed a consultation agreement. Most smart attorneys require that potential clients sign one before the attorney will discuss the case. The agreement basically says that you are getting a free consultation and the attorney is not responsible for the case if you do not hire them.

[lwh1961]

Why don't you just call them up and ask them for a copy of what you signed? Then you'll know for sure and can make a decision on that.

[maffy]

Why don't you just call them up and ask them for a copy of what you signed? Then you'll know for sure and can make a decision on that.

LWH - I went by their office and dropped off a signed letter, thanking them for seeing me and answering my questions about Bankruptcy. I stated I was still exploring my options and did not wish to retain them or their services.

I'm sure if they have any problems they'll let me know. Right now I have to wait to file, because I don't have enough money quite yet to pay an attorney. I just stopped paying credit cards, so that will allow me to build up enough funds to hopefully file in a few months. Got my first call from a creditor today about a pastdue account... first one I've ever gotten in my life, so this is where it begins But like so many of you on here, I'll get through this. Just didn't want an additional worry regarding the papers listed above.

Des' response made me feel better (thank you! and thanks for your humor too!), so I'm not going to sweat the meeting with that attorney at this point in time. I gave them written notice (just in case) and am just going to move forward to prepare for what lies ahead. I'm reading, reading, reading on this site... and am very thankful for it and all who are here!

Thanks to all who replied! Much appreciated!